Rajasthan High Court - Jodhpur
Shanti Lal vs State Of Rajasthan on 6 April, 2021
Bench: Sangeet Lodha, Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Habeas Corpus Petition No. 40/2021
Shanti Lal S/o Swaroop Ram, Aged About 38 Years, By Caste
Bagri, R/o Village Dewada, Tehsil And District Jalore.
----Petitioner
Versus
1. State Of Rajasthan, Through S.p. Jalore.
2. State Of Rajasthan, Through S.h.o. P.s. Bagra, District
Jalore.
3. Harson Ram S/o Jawa Ram, By Caste Bagri, R/o Village
Somta, P.s. Ramsin, District Jalore.
----Respondents
For Petitioner(s) : Mr.Gokulesh Bohra
For Respondent(s) : Mr. Anil Joshi, Additional Government
Advocate
Mr.Tejsingh, SHO, Police Station,
Bagra
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 06/04/2021
1. This habeas corpus petition is filed by the petitioner for production of his minor daughter 'M' alleged to be in illegal detention of respondent no.3.
2. It is averred in the petition that the petitioner's minor daughter has been kidnapped by the respondent no.3. The petitioner has lodged an FIR (No.0001 dated 2.1.21) for offence under Section 363 IPC against the respondent no.3 at Police Station, Bagra, District Jalore.
3. Learned Additional Government Counsel has produced the factual report before this Court stating that the corpus 'M' was (Downloaded on 06/04/2021 at 09:18:32 PM) (2 of 2) [HC-40/2021] recovered and through Child Welfare Committee, her custody was handed over to her father, the petitioner herein. It is submitted that a case has been registered against the accused respondent no.3 for offences under Section 363, 366, 467, 468, 471, 376(2) (N) IPC & Section 3/4 of POCSO Act; he has been arrested and presently, he is in judicial custody.
4. The corpus 'M' has appeared before this Court alongwith her parents.
5. We have conferred with the corpus in camera as also in presence of the counsel for the parties.
6. The corpus has stated in unequivocal terms to stay with her parents. The date of birth of the corpus being 11.3.05, she is minor and her custody has already been handed over by the Child Welfare Committee to her parents present before this Court. In this view of the matter, no further order is required to be passed in the present petition seeking writ of habeas corpus. The custody of the corpus, a minor girl, shall remain with her parents.
7. The petition is disposed of accordingly. (RAMESHWAR VYAS),J (SANGEET LODHA),J 26-Aditya/-
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